The above record of proceedings pertain to trials presided over by the same magistrate at Murehwa Magistrate Court. They suffer from the same irregularity of a procedural error which vitiates the proceedings. In all the cases, the accused persons were convicted on their own pleas of guilty purportedly done in terms of s 271 (2) (b) of the Criminal Procedure and Evidence Act, [Chapter 9:07] . When the records were initially placed before me to review in July, 2021, I raised in respect of each record of proceedings, a similar query on whether or not the trial magistrate had complied... More
The three records of proceedings came to the High Court through referral by scrutinising regional magistrates in terms of s58 (3) of the Magistrates’ Court Act [Chapter 7:10]. The records were separately placed before two other judges and me. After a discussion, the judges were of the view that the concerns arising from the proceedings were similar. It was therefore prudent to address them in a composite judgment. More
: the accused aged 23 and 22 years old respectively appeared before the trial magistrate on guilty plea in terms of S271(2) (b) of the Criminal Procedure and Evidence Act, [Chapter 9:07]. They were charged with stock theft as defined in s 114 (2)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The details of the charge were that on 28 October, 2020 at Mukodzongi village, Chief Negomo, Nzvimbo the two accused unlawfully opened the complainant’s cattle pen and drove away one ox and put it out for sale. A prospective buyer alerted the police when the accused... More
The two records of proceedings in these two cases where dealt with by the same Magistrate at Harare Magistrate Court on 16 and 17 March, 2021.
In case number HREP1700/21 the accused pleaded guilty to the offense of theft as defined in s113 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] ( the code). The admitted facts where that on 10 March, 2021 the accused stole a Samsung phone handset from the complainant’s phone repair shop. The phone was not recovered. The theft occurred at Chiremba Shops in Epworth. The accused was sentenced to 15 months imprisonment with... More
The two cases cited above were dealt with by the same Provincial Magistrate N. Mangoti Esquire at Concession Magistrate Court. The trials were disposed of by way of guilty pleas in terms of the provisions of s 271 (2) (b) of the Criminal Procedure and Evidence Act, [Chapter 9:07]. When the records were placed before me on review, I raised a query for comment by the trial magistrate on whether the Magistrate had complied with s 271 (3) of the same enactment which requires that the charge should be explained to the accused and that the explanation given to the... More
This is an application for a Declaratur sought in terms of s14 of the High Court Act, [Chapter 7:06] where the applicant seeks the following order:
“IT IS HEREBY ORDERED THAT:
1. First respondent’s rights, title and interest in certain piece of land situated in the District of Umtali called stand 1815 Chikanga Township of Umtali Township Lands measuring 300 square metres be and are hereby declared executable in satisfaction of the judgment, in favour of the Applicant, in case No. HC 145/20.
2. The first, second and third respondents be and are hereby ordered to sign the necessary cession... More
This is an appeal againstthe appeals committee’s decision to uphold the decision to find the appellant guilty of two charges in violation of section 4 (b) and 4 (f) of Statutory Instrument 15 of 2006, that is willful disobedience to a lawful order and gross incompetence or inefficiency in the performance of his work. More
